Legal Question in Family Law in Florida
$69,000 in arrears
My son is in the Lake County Jail in Tavaras, Fl. He was sentenced to 9 month for driving with a suspended drivers license. They are sending him modification of child support forms while he is there. Now what happens to the $69,000. He will never in this lifetime be able to pay that off. It keeps accumulating. When he first divorced he was running a business and could afford $150. a week. For the last 5 years or more he hardly makes that much in a week. He now has another family of 4 to support also. It seems that he will spend the rest of his life in jail being totally unproductive. Is there any way to get that large sum ($69,000) reduced. This should have been modified years ago.
2 Answers from Attorneys
Re: $69,000 in arrears
Yes, it should have been modified years ago. If your son can start another family with four children, surely within five years he could have taken some action. And his incarceration for driving on an expired license suggests he has many problems dealing with adulthood. Yes, a court can modify child support retroactively but one must convince the court it is deserved, because parents have an obligation to support children.
Re: $69,000 in arrears
It is possible that your son might be able to relieve himself of some of the current $69,000 arrearage. However, it depends greatly on the specific facts of his case. If the mother of the children is or has been on AFDC or public assistance for any length of time then this partial solution is not likely to work. However, I would still consult with an attorney before ruling it out as an option.
If the mother has not been on AFDC or public assistance then your son might try to put together a significant lump sum or partial lump sum payment. For example, he might offer to give the mother $30,000 lump sum if she would agree to forgive the remaining $39,000. There are several ways this could be structured. I would not recommend doing this without first consulting with an attorney who can review all of the facts of your son's case and who can facilitate the process.
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